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Crl.O.P.No.1847 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

Crl.O.P.No.1847 of 2026

and

Crl.M.P.Nos.1217 & 1219 of 2026

Ali Zumarad ... Petitioner

Vs.

1. The State of represented by,

The Inspector of Police,

B1, North Beach Police Station,

Chennai.

2. Mohamed Bugar ... Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of

Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the

entire records in C.C.No.1392 of 2022 in Crime No.1217 of 2017, pending

on the file of the Metropolitan Magistrate Court, George Town and quash

the same.

For Petitioner : Mr.C.R.Gokulvisvas

for Mr.T.Elumalai

For R1 : Mr.S.Santhosh

Government Advocate (Criminal Side)

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Crl.O.P.No.1847 of 2026

O R D E R

The present Criminal Original Petition has been filed seeking to

quash the proceedings pending against the petitioner in C.C.No.1392 of

2022, on the file of the learned Metropolitan Magistrate, George Town.

2. Based on the complaint lodged by the second respondent/de

facto complainant, alleging that the petitioner, along with the other accused,

committed theft of his mobile phone on 04.10.2017, a case in Crime

No.1217 of 2017 was registered on 01.07.2022 for the offence under

Section 379 of IPC. After completion of the investigation, the final report

was filed before the learned Metropolitan Magistrate, George Town for the

offences under Sections 379, 411 r/w 34 of the IPC and the learned

Magistrate took cognizance of the same and numbered it as C.C.No.1392 of

2022, which is now sought to be quashed.

3. The submissions of the learned counsel appearing for the

petitioner are as follows:-

3.1. The petitioner has been implicated in the present case solely

based on the confession statement allegedly recorded from the co-accused.

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Crl.O.P.No.1847 of 2026

Other than the said confession statement, there is no material evidence

against the petitioner.

3.2. The alleged incident is said to have taken place on

04.10.2017 and that the case was registered on the same day. The maximum

punishment prescribed for the aforesaid offence is tabulated hereunder:

Sections Punishment

379 & Imprisonment may extend to three years, or with

411 IPC fine or with both

3.3. Since the case was registered on 04.10.2017, the

investigation ought to have been completed and the final report filed within

three years from the date of registration of the FIR, as mandated under

Section 468 Cr.P.C. Therefore, there is a clear bar for taking cognizance if it

is filed beyond three years. However, in this case, the final report was filed

only in the year 2022, which is beyond the period of limitation. Admittedly,

in this case, no application has been filed seeking condonation of delay in

filing the final report.

3.4. Hence, the continuation of the proceedings against the

petitioner is an abuse of process of law. Therefore, he prayed to quash the

proceedings pending against the petitioner.

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Crl.O.P.No.1847 of 2026

4. Learned Government Advocate (Criminal Side) appearing for

the first respondent police submitted that based on the complaint given by

the second respondent, the present case came to be registered on

04.10.2017. He further submitted that the final report was filed in the year

2022 and he fairly admitted that there is a delay.

5. Heard both sides and perused the materials available on

record.

6. For the punishment set out in paragraph 3.2, supra, the final

report ought to have been filed within three years from the date of

registration of the FIR, as per Section 468(2)(c) of Cr.P.C. However, in the

instant case, the final report has not been filed within the period of three

years since the registration of the FIR and therefore, cognizance cannot be

taken.

7. In view of the above, this Court is o